The Members convened were:

The Honourable Senators

ArnotAudetteBattersBellemareBernardBlackBoehmBoisvenuBonifaceBoveyBrazeauBureyBussonCampbellCardozoCarignanClementCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanForestFrancisFureyGagnéGalvezGerbaGignacGreeneGreenwoodHarderHousakosJafferKlyneKutcherLaBoucane-BensonLoffredaMacDonaldManningMartinMassicotteMcCallumMcPhedranMégieMiville-DechêneMoncionMoodieOhOmidvarOslerPatePatterson (Nunavut)Patterson (Ontario)PetitclercPlettRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSorensenTannasWallinWellsWooYussuff

The Members in attendance to business were:

The Honourable Senators

ArnotAudetteBattersBellemareBernardBlackBoehmBoisvenuBonifaceBoveyBrazeauBureyBussonCampbellCardozoCarignanClementCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanForestFrancisFureyGagnéGalvezGerbaGignacGreeneGreenwoodHarderHousakosJafferKlyneKutcherLaBoucane-BensonLoffredaMacDonaldManningMartinMassicotteMcCallumMcPhedranMégieMiville-DechêneMoncionMoodieOhOmidvarOslerPatePatterson (Nunavut)Patterson (Ontario)PetitclercPlettRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSorensenTannasWallinWellsWooYussuff

The first list records senators present in the Senate Chamber during the course of the sitting.

An asterisk in the second list indicates a senator who, while not present during the sitting, was in attendance to business, as defined in subsections 8(2) and (3) of the Senators Attendance Policy.

PRAYERS

Senators’ Statements

Some Honourable Senators made statements.

o o o

The Senate observed a minute of silence in memory of an employee of the Senate, Mr. Al Fleming, who passed away on January 7, 2023.

ROUTINE PROCEEDINGS

Notices of Motions

With leave of the Senate,

The Honourable Senator Omidvar moved, seconded by the Honourable Senator Dean:

That, given reports of human rights abuses and attacks on civilians in Ukraine and other parts of the world by the Russian-supported Wagner Group, the Senate call upon the government to immediately designate the Wagner Group as a terrorist entity.

After debate,

The question being put on the motion, it was adopted.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

SPEAKER'S STATEMENT

Honourable senators, I would like to read a statement that was made by the Speaker of the House of Commons yesterday:

The Chair wishes to inform the House of an administrative error that occurred with regard to Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada.

Members may recall that the Standing Committee on Canadian Heritage made a series of amendments to the bill, which were presented to the House in the committee’s fourth report on December 9, 2022. The committee also ordered that the bill, as amended, be reprinted for the use of the House at report stage.

The House concurred in the bill, as amended, at report stage on December 13, 2022, and adopted the bill at third reading the following day.

Following passage at third reading, as per the usual practice, House officials prepared a parchment version of the bill, which was transmitted to the Senate. Due to an administrative error in the committee’s report, which was also reflected in the version of the bill that was reprinted for the use of the House at report stage, the report and the bill both included a subamendment, adding a new clause 27(1.1) to the bill, which had been negatived by the committee and should not have appeared in the bill.

Given the tight timelines between the presentation of the report and consideration of the bill at third reading, the error went unnoticed before the bill was passed. Nonetheless, the decision taken by the committee was clear, as recorded in the minutes of the meeting. The Chair has no reason to believe that members were misinformed when they adopted the bill.

This error was nothing more than administrative in nature. The proceedings which took place in this House and the decisions made by the House with respect to Bill C-18 remain entirely valid. The records of the House relating to this bill are complete and accurate. However, the documents relating to Bill C-18 that were sent to the Senate included an error and were not an accurate reflection of the House’s intentions.

Similar situations have been addressed by my predecessors, such as in a ruling on April 12, 2017, found at page 10486 of Debates. Guided by this precedent and others, similar steps have been taken to address the current case.

Once the error was detected, House officials immediately communicated with their counterparts in the Senate to inform them of the situation. The Chair then instructed House officials to take all the necessary steps to correct the error in both the committee’s report and the bill itself, and to ensure that the other place has a corrected copy of Bill C-18. A revised version of the bill will be transmitted to the Senate as per the usual administrative process.

Furthermore, the Chair has asked that a rectified “as passed by the House of Commons” version of the bill be printed and that the fourth report of the committee be corrected accordingly.

In light of this situation, the Senate will be in a position to make its own determination as to how it will proceed with Bill C-18.

I thank all members for their attention.

Honourable senators, as the Speaker of the other place noted in his statement, we have had to deal with such errors before.

The defective version of Bill C-18 was given first reading in December. Debate at second reading has not yet started. We cannot now bring the corrected version of the bill before the Senate until proceedings on the previous version have been declared null and void. That would essentially clear the way for the corrected bill.

As explained at page 131 of Senate Procedure in Practice, in cases where a bill has not yet received second reading, a motion to declare proceedings null and void requires either one day’s notice, or it can be moved immediately if there is leave.

Since the Senate has only just been advised of this situation, I would invite honourable senators to reflect on the best approach in dealing with this unfortunate matter.

Government Business

Bills – Third Reading

Third reading of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, as amended.

The Honourable Senator Dawson moved, seconded by the Honourable Senator Bovey, that the bill, as amended, be read for a third time.

After debate,

In amendment, the Honourable Senator Manning moved, seconded by the Honourable Senator Batters:

That Bill C-11, as amended, be not now read a third time, but that it be further amended in clause 4 (as amended by the decision of the Senate on December 14, 2022), on page 10, by adding the following after line 32:

“(4) The regulations shall not prescribe a program of a broadcasting undertaking that generates annual revenues of less than $10 million.”.

After debate,

The question being put on the motion in amendment, it was negatived on the following vote:

YEAS

The Honourable Senators

BattersBlackBoisvenuCarignanGreeneHousakosMacDonaldManningMartinMcPhedranOhPatterson (Nunavut)PlettRichardsSeidmanWells—16

NAYS

The Honourable Senators

AudetteBellemareBernardBonifaceBoveyBureyBussonCampbellCardozoClementCormierCotterCoyleDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanForestFrancisGagnéGalvezGerbaGignacGreenwoodHarderJafferKlyneKutcherLaBoucane-BensonLoffredaMassicotteMcCallumMégieMiville-DechêneMoncionOmidvarOslerPatePatterson (Ontario)PetitclercRavaliaRinguetteSaint-GermainSimonsSorensenTannasWooYussuff—52

ABSTENTION

The Honourable Senator

Dagenais—1

ADJOURNMENT

With leave of the Senate,

The Honourable Senator Gagné moved, seconded by the Honourable Senator LaBoucane-Benson:

That the Senate do now adjourn.

The question being put on the motion, it was adopted.

(Accordingly, at 6:10 p.m., the Senate was continued until tomorrow at 2 p.m.)

DOCUMENTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7)

Copy of the Regulations Amending the Special Economic Measures (Haiti) Regulations (P.C. 2022-1365), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1).—Sessional Paper No. 1/44-1468.

Legislative Costing Note of the Office of the Parliamentary Budget Officer entitled Cost Estimate for the Multigenerational Home Renovation Tax Credit, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/44-1469.

Departmental Sustainable Development Strategy Interim Report of the Canadian Food Inspection Agency for 2021 to 2022, pursuant to the Federal Sustainable Development Act, S.C. 2008, c. 33, sbs. 11(3).—Sessional Paper No. 1/44-1470.

Reports of the Canadian Food Inspection Agency for the fiscal year ended March 31, 2022, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, sbs. 94(2) and to the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).—Sessional Paper No. 1/44-1471.

Copy of Order in Council P.C. 2023-1 concerning minimizing the risk of exposure to COVID-19 in Canada, pursuant to the Quarantine Act, S.C. 2005, c. 20, sbs. 61(2).—Sessional Paper No. 1/44-1472.

Copies of the Regulations Amending the Special Economic Measures (Sri Lanka) Regulations (P.C. 2023-3), of the Special Economic Measures (Sri Lanka) Permit Authorization Order (P.C. 2023-4), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1).—Sessional Paper No. 1/44-1473.

Copy of the Regulations Amending the Special Economic Measures (Sri Lanka) Regulations (P.C. 2023-5), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1).—Sessional Paper No. 1/44-1474.

Copy of the Regulations Amending the Special Economic Measures (Iran) Regulations (P.C. 2023-2), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1).—Sessional Paper No. 1/44-1475.

Copy of the Regulations Amending the Special Economic Measures (Haiti) Regulations (P.C. 2023-12), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1).—Sessional Paper No. 1/44-1476.

Report of Statistics Canada on corporations for the year 2020, pursuant to the Corporations Returns Act, R.S.C. 1985, c. C-43, sbs. 22(1).—Sessional Paper No. 1/44-1477.

Interim Order No. 74 Respecting Certain Requirements for Civil Aviation Due to COVID-19, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6).—Sessional Paper No. 1/44-1478.

Interim Order No. 75 Respecting Certain Requirements for Civil Aviation Due to COVID-19, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6).—Sessional Paper No. 1/44-1479.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Marwah was removed from the membership of the committee, substitution pending (January 10, 2023).

Standing Senate Committee on Banking, Commerce and the Economy

The Honourable Senator Wells replaced the Honourable Senator Marshall (January 31, 2023).

Standing Senate Committee on Indigenous Peoples

The Honourable Senator Pate was removed from the membership of the committee, substitution pending (January 30, 2023).

The Honourable Senator Greenwood was added to the membership (January 30, 2023).

The Honourable Senator Sorensen was added to the membership (January 30, 2023).

The Honourable Senator Christmas was removed from the membership of the committee, substitution pending (January 30, 2023).

The Honourable Senator Audette replaced the Honourable Senator Lovelace Nicholas (January 30, 2023).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Forest replaced the Honourable Senator Deacon (Nova Scotia) (January 23, 2023).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Arnot replaced the Honourable Senator Dupuis (January 31, 2023).

Standing Senate Committee on National Finance

The Honourable Senator Forest replaced the Honourable Senator Moncion (January 23, 2023).

Standing Senate Committee on National Security, Defence and Veterans Affairs

The Honourable Senator Anderson replaced the Honourable Senator Klyne (January 31, 2023).

The Honourable Senator Deacon (Ontario) replaced the Honourable Senator Ravalia (January 31, 2023).

The Honourable Senator Ravalia replaced the Honourable Senator Deacon (Ontario) (January 30, 2023).

The Honourable Senator Klyne replaced the Honourable Senator Anderson (January 26, 2023).

Standing Senate Committee on Official Languages

The Honourable Senator Mockler replaced the Honourable Senator Martin (January 31, 2023).

The Honourable Senator Martin replaced the Honourable Senator Mockler (January 28, 2023).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Dean was removed from the membership of the committee, substitution pending (January 30, 2023).

Committee of Selection

The Honourable Senator Clement was removed from the membership of the committee, substitution pending (December 20, 2022).

The Honourable Senator Duncan was added to the membership (December 20, 2022).

The Honourable Senator Clement was added to the membership (December 16, 2022).

The Honourable Senator Duncan was removed from the membership of the committee, substitution pending (December 16, 2022).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Lankin, P.C., replaced the Honourable Senator Cardozo (January 30, 2023).

The Honourable Senator Martin replaced the Honourable Senator Poirier (January 30, 2023).

The Honourable Senator Bernard replaced the Honourable Senator Cordy (January 26, 2023).

The Honourable Senator Osler was added to the membership (January 25, 2023).

The Honourable Senator Patterson (Nunavut) was removed from the membership of the committee, substitution pending (January 25, 2023).

Standing Senate Committee on Transport and Communications

The Honourable Senator Harder, P.C., replaced the Honourable Senator Klyne (January 31, 2023).

The Honourable Senator Sorensen was removed from the membership of the committee, substitution pending (January 30, 2023).